Mutation -- On basis of Will - When order of mutation is not required to be passed by any authority which can be defined as a `Court' under Act of 1872, strict proof as required u/s 68 of Evidence Act would not be applicable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering question of rejection of plaint, it is plaint alone which has to be read meaningfully and not any averment in written statement - It is also necessary sometimes to consider documents annexed to plaint for a holistic and comprehensive reading of plaint in order to decide whether plaint..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 29 -- Contraband - Non-compliance of standing order - No specific material forthcoming with respect to fulfillment of Clause 2.5 of Standing order on the colour testing conducted using the drug identification kit - There is also no material to hold that seized contraband was converted into 10 containers..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Condition precedent to perform an act by wife - Court cannot pass such an order...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - Application for quashing sanction order cannot be entertained when prosecution had already examined seven witnesses...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Quashing of - High Court should not have quashed sanction order and consequent proceedings unless it was satisfied that failure of justice had occurred by such error or irregularity or invalidity - Order of quashing of sanction order set aside...........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Merely because petitioner had not provided information qua the involvement and role played by co-accused and had failed to get the bribe money recovered cannot be a ground to decline his prayer for anticipatory bail and order his custodial interrogation - Anticipatory bail granted...........
